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Judge firm on restraining order

By Robert Mills, rmills@lowellsun.com

Updated:
10/07/2017 08:58:41 AM EDT

Decker

LOWELL -- Judge Stacey Fortes said she usually vacates restraining orders whenever an alleged victim of domestic violence requests it, but she also said the law allows her to refuse if she feels the request is coerced or not voluntary.

After referencing the still-swollen face of the woman before her Tuesday, Fortes refused to vacate the order.

Minutes earlier, Fortes had ordered that 38-year-old Lowell woman's alleged abuser held without bail pending a dangerousness hearing, and also revoked his bail in two other pending cases. Those moves too came despite a request from the alleged victim that Christian Decker be set free.

Decker, 49, of Lowell, was being arraigned on domestic charges for the third time in just over a month, and prosecutors requested he be held without bail.

Prosecutors admitted the alleged victim didn't want Decker held, but cited Decker's other pending cases, the details of the case before the court, and threats Decker allegedly made toward the victim.

Decker's court-appointed attorney, Nina Lewin, said the alleged victim has "questionable veracity," and has also faced charges in the past for allegedly assaulting Decker.

Decker was free on personal recognizance as a result of two other pending cases involving the same alleged victim.

Decker was arraigned on a charge of assault and battery on a family or household member on Aug. 28, and ordered to stay away from the alleged victim, have no contact with her, and to not use drugs or alcohol, according to court records.

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Decker was also ordered on Aug. 28 to abide by a restraining order the victim obtained as she tearfully appeared before the court and said she was in fear of him.

It was just one day later, on Aug. 29, that Decker was arraigned on new charges of violation of an abuse prevention order and assault and battery on a household or family member.

Decker was once again set free on Aug. 29, with the same conditions, according to court records.

His latest arrest, on Tuesday, came as the result of a 911 call received by Lowell police reporting a domestic in progress at 2100 Skyline Drive.

Officers were already familiar with Decker and the alleged victim, and stopped Decker as he was leaving the complex, according to a police report.

"Mr. Decker was informed that he was not under arrest at the moment and he interrupted us and stated 'yes I am, once you see her I will be, I'm going back to Billerica I have a bail revocation,'" according to a police report.

Inside an apartment in the complex, officers found the alleged victim crying and spitting up blood as the right side of her face began to swell, according to a police report.

The woman told officers she and Decker were arguing when he dragged her to the bedroom and tried to have sex with her, according to a police report. The woman fought Decker off, but he grew angrier and punched her in the face several times, causing one of her teeth to puncture the inside of her cheek, according to a police report.

The woman fled into a bathroom and called 911, but Decker forced the door open and tore her cell phone out of her hand, according to a police report.

Decker fled the apartment shortly after the woman was able to retrieve her phone, according to a police report, which says the alleged victim claimed Decker told her she would be dead if he got arrested again.

Decker was charged with violation of an abuse prevention order, intimidation of a witness and assault and battery on a family or household member.

Later that day, the alleged victim appeared in court and said she shares blame for the assaults since she and Decker both drink too much and fight.

She said she has been with Decker for years and wanted him to be released on the condition he not consume alcohol, so that she and Decker could work on their alcohol issues together.

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